According to Don Duncan, a leader in patient lobby Americans for Safe Access, Los Angeles has a long history of tussling over its clubs, yet hundreds of dispensaries appear to be open in the city. The City Council’s ban will take effect in up to 35 days, making dispensary operators liable for a misdemeanor. City officials could begin issuing warnings to clubs that don’t close, or police could show up to shut them down.

But the City Council tried a less harsh ban in 2010, which resulted in roughly one hundred lawsuits from operators and the city. Los Angeles’ new ban could face similar legal challenges, Duncan said.

Meanwhile, it’s unclear if the city has the resources to play whack-a-mole with several hundred resilient, risk-tolerant dispensary operators.

It’s not good legal advice, but “many facility operators are thinking, ‘Well, I’ll stay open and roll the dice.’” Duncan said.

Duncan said operators will also pursue a voter referendum on local dispensary regulations – drafting a petition that will require 28,000 to 40,000 local signatures in support of a regulatory regime. The City Council could then approve of such regulations, or send the referendum to the voters, who might approve it.

A Los Angeles medical cannabis patient Wednesday told us Angelenos approve of medical marijuana, they just want sensible regulations around it. There may be political repercussion for the fourteen city council members who voted to ban stores, he said.

“It can’t be all or nothing. It needs to be safer for everybody and that doesn’t include a ban. That’s just silly. Plus regulations can create jobs,” he said.

In the interim, medical marijuana options will remain plentiful in the City of Angels, from the copious storefronts to the clandestine delivery services, and dispensaries in neighboring cities. Los Angeles County’s ban is currently caught in legal limbo. West Hollywood, Venice, and other neighboring cities also might see some overflow, if options in Los Angeles decrease.

“Don’t be discouraged,” said Duncan. “It’s a roller coaster and we’re going to keep at it.”

Smell The Truth

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